Katie Sykes, a law faculty member of Thompson Rivers University, has written a paper that outlines international support for the formation of global animal protectionism. It argues law rather than science played a main role in arriving at two…

Couple can get money from Heydary’s insurance only, not former employee

A couple who lost $3.6 million lawyer Javad Heydary disappeared are entitled to garnishment from his liability insurance policy — but will have to renounce any claims against three lawyers formerly employed by him, the Court of Appeal…

Slaw

For the next while the Friday Fillip will be a chapter in a serialized crime novel, usually followed by a reference you might like to pursue. Both this chapter of the book and the whole story up to this point can be had as PDF files.…

Rejoicing over Legal Aid Ontario‘s (LAO’s) recent increased funding from the Government of Ontario, should be tempered by the listed “points of conscience” that follow this next paragraph.
The Government of…

Slaw Contributor Adam Dodek has been awarded the Canadian Bar Association (CBA)’s 2015 Walter Owen Book Prize for his book Solicitor-Client Privilege, published by Lexis-Nexis:
“Solicitor-Client Privilege explains key aspects of…

A young girl from China is eagerly awaiting test results of genetic testing that could mean that she is entitled to inherit her biological father’s $50 million fortune. Gang Yuan, whom the child’s mother states is her biological…

The results of a recent study published in the American Medical Association Oncology Journal suggest that more patients with cancer are obtaining Continuing Powers of Attorney for Property than in the past. Approximately 74% of…

In a forthcoming article to be published in The Journal of the American Academy of Psychiatry and the Law, Ian Hull and Dr. Kenneth Shulman, among others, explore the concept of the lucid interval. A lucid interval is a legal concept invoked…

Friday July 31 is the 16th annual SysAdmin Day. A day to show our appreciation to the IT professionals who keep our computers, networks and apps working. For those of us who push the tech envelope a bit beyond a typical…

From time to time various law enforcement and government types whine that encryption is a bad thing because it allows criminals to hide from authorities. That is usually followed by a call for security backdoors that allow…

The Intercept has an article entitled Chatting in Secret While We’re All Being Watched that’s a good read for anyone interested in how to keep communications private. It was written by Micah Lee, who works with Glenn…

Dynamic Legal Forms Blog

Revoking a Will In the next series of blogs, I’m going to be talking about legal Wills. In a previous blog, I talked about what an “estate” is and what kinds of assets / properties go into it and what kinds of assets /…

Formal Wills (Part 2): Formalities Required for a Canadian Will to be Valid

Formalities required for a Will to be valid In the next series of blogs, I’m going to be talking about legal Wills. In a previous blog, I talked about what an “estate” is and what kinds of assets / properties go into it and…

Alberta Court of Appeal Confirms the Difficulty of Obtaining Summary Judgment in Terminating an Oil and Gas Lease

The Court of Appeal of Alberta recently released its decision in the case of P. Burns Resources Limited v Locke, Stock & Barrel Company Ltd., (2014 ABCA 40). The decision dealt with an oilfield lease held by Locke, Stock & Barrel…

As we previously reported, the Federal Government announced last year that it would introduce legislation to increase the amount of liability coverage required for nuclear plant operators and offshore oil and gas production. [More…]

Welcome to all our readers who have been coming looking for quotes by SCC J. Brown. Look around and stick for other excellent commentary by our current authors. You may have go far back in the archives to find his...

My former colleague has had a truly meteoric rise, from assistant professor to associate professor to full professor to Justice of the Court of Queen's Bench to the Alberta Court of Appeal and now: The Supreme Court of Canada!…

In its recent decision of Iona Contractors Ltd. v Guarantee Company of North America,[1] a divided (2:1) Court of Appeal held that a payment obligation of an owner to a bankrupt general contractor was subject to a valid trust under...

Canadian Toronto Immigration Lawyer Blog

The Use of Representative form, once completed and received by the immigration department allows a lawyer to interact with the immigration department on your behalf. One key element is how to submit the use of representative…

Dealing with an untruthful client can be frustrating. As a lawyer, you would put in many hours into your client`s case to ensure he or she will be successful. However, if the client, for any reason, is not disclosing correct information that…

You’ve applied for a visa. It may be for a study or work visa or for permanent residence. It gets refused. What do you do? If you’ve hired an immigration consultant, they should advise you that you have an…

Analysis of expert recommendations on reforming Ontario business law published on our M&amp;A law blog

Our readers will be interested in a post on our M&A law blog on proposed reforms to modernize Ontario’s business environment. The post highlights the recommendations of a 13-member expert panel of legal practitioners and…

OECD Common Reporting Standard to come into effect in Canada on July 1, 2017

Darin Renton and Junaid Subhan
Canadian financial institutions will be subject to the Organisation for Economic Co-operation and Development’s (OECD) Common Reporting Standard as of July 1, 2017 with the first exchanges of financial…

Many of our readers will be interested in a post by our colleagues on our mining law blog which provides an overview of Quebec’s proposal on the regulation of mining, oil and gas companies with respect to payments in the course of…

Canadian Tax Litigation

The Supreme Court of Canada has dismissed the appeal of the taxpayer and determined that the tax advisor penalty in section 163.2 of the Income Tax Act is administrative in nature. The Court’s 4-3 decision in Guindon v. The Queen…

What is the nature of the third-party penalty in section 163.2 of the Income Tax Act? That question will be answered by the Supreme Court of Canada when it decides the case of Guindon v. The Queen (Docket No. 35519) on Friday July 31. See our…

In Zhang v. Canada (A.G.) (2015 BSCS 1256), the British Columbia Supreme Court refused to grant rectification of a transaction in respect of which the taxpayers had no common intention to avoid capital gains tax on a share transfer.…

“Zero tolerance” policy on drugs in workplace upheld by human rights tribunal where employee did not have “marijuana card”

An employee who smoked marijuana on the job without legal and medical authorization was not discriminated against when dismissed under his employer’s “zero tolerance” policy, the British Columbia Human Rights Tribunal has…

MOL engineer not qualified to give expert evidence: he was too involved in the investigation, too closely identified with prosecution at trial

An Ontario judge has refused to permit a professional engineer employed with the Ontario Ministry of Labour to testify as an expert in a health and safety prosecution.
A company was charged under the Occupational Health and Safety Act after…

An adjudicator with the office of Ontario’s Information and Privacy Commissioner has denied access to a Ministry of Labour inspector’s reasons for recommending that Occupational Health and Safety Act charges not be laid…

Wagners Serious Injury Lawyer Blog

What are Section B Benefits? Every auto insurance policy includes no fault benefits, also known as Section B benefits. These benefits are available to the driver of the vehicle as well as any passenger injured as a result of an...

You may have heard about a cap on damage awards for motor vehicle accidents. You may be wondering whether your injuries are capped. You may even be wondering what you can get for a capped injury. In 2010 the law...

Being involved in a motor vehicle accident can be a scary thing. You may be confused about what to do and not know where to start. You may also be unsure of your rights and the coverage available to you....

Bankruptcy Advice Blog

I have been meeting with people for many years – reviewing their situation, discussing the issues that have caused them to fall into a debt crisis, looking at the options that will best suit their situation. Sometimes people come in…

When deciding whether to keep your house when you file for bankruptcy, you need to consider several factors. Ask yourself these questions and make sure to answer honestly: Do I want to keep it? Can I afford to keep it?…

When you file a bankruptcy many things that you normally would not think twice about, become important subjects. One of the things that your trustee is required to do when you file a bankruptcy, is to “investigate your affairs”.…

How would you like to marry a billionaire’s daughter? James Casbolt from Cornwall, England made an internet connection in 2009 with Haley Meijer, daughter of American billionaire, Hank Meijer, owner and CEO of a retail conglomerate with…

In a divorce tragedy akin to Shakespeare’s “MacBeth”, Delaware mother Christine Belford, age 39, was murdered by her father-in-law in February 2013 after years of litigation involving child abduction, allegations of mental…

Another American judge has made an order regulating a litigant’s sex life. In the most recent case a court in Kansas sentenced a career criminal to a lengthy prison term for being a felon in possession of a weapon and also imposed a…

Library Boy

Shaunna Mireau, Director of Knowledge Management and Process Improvement at the Alberta-based firm Field Law, has published a series of Research Tips at Slaw.ca on how to create deep links to specific sub-collections in major Canadian…

The Canadian Bar Association has awarded its 2015 Walter Owen Book Prize to University of Ottawa law professor Adam Dodek for his book Solicitor-Client Privilege, published by Lexis-Nexis: "Solicitor-Client Privilege explains key aspects of …

The July 2015 issue of Connected is available online. The bulletin covers news about the impact of new social media on courts.The bulletin is published by the Virginia-based National Center for State Courts (NCSC) and the Conference of Court…

One of the most significant mistakes a business owner can make when it comes to engaging a worker is classifying that worker incorrectly. Many business owners are aware that misclassifying an employee as an independent contractor can…

Under the Family Law Act, S.B.C. 2011, c. 25 (the “FLA”) unless property is “excluded property”, property owned by at least one spouse upon separation is family property and presumptively to be equally divided. …

This week, Google has been granted permission to appeal to the UK Supreme Court as part of the decision in Google Inc. v. Vidal-Hall & Others (2015). This is about rights to claim compensation for breaches of the Data Protection…

Canada’s Parliament recently passed amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA). I discussed some of those amendments (which went into force immediately) in an earlier post. In this slide…

We are delighted to announce that Flextronics have received approval from EU data protection authorities for its binding corporate rules (BCRs). BCRs represent the platinum standard for data protection compliance and Flextronics is one of a…

Many employers hire independent contractors to assist in their workplace and in most cases, the assumption is that doing so will result in minimal or no notice of termination having to be paid at the end of the relationship. A recent…

Employers that provide registered pension plans to their Ontario employees should review their Statement of Investment Policies and Procedures (“SIPPs”) within the next few months. New Ontario SIPP requirements are coming…

In May, Ontario’s Ministry of Labour commenced what is being called the “Changing Workplaces Review”. The review is intended to take a close look at the Employment Standards Act, 2000 (“ESA”) and the Labour…

Wise Law Blog

Windows 10? Yawn.If nothing else, the imminent launch of the new Windows OS gives us opportunity again to wonder why the Powers-That-Be at Microsoft continue to fail to grasp the obvious.In terms of user interface, they got it right…

Here are the current leading legal headlines from Wise Law on Twitter:Georgia sues Carl Malamud group, calls publishing state’s annotated code of laws online unlawful Cosby seeks court sanctions against Canadian accuser over deposition…

Here are the leading legal headlines from Wise Law on Twitter:Windows 10 Signifies Microsoft’s Shift in Strategy SCC to Rule on Dismissal Without Cause Regime Under the Canada Labour Code. 72 charges filed against Toronto UberX drivers…

Deeds are not accomplished in a few days, or in a few hours. A century is only a spoke in the wheel of everlasting time – Louis Riel Two years ago, on the 50th anniversary of the assassination of John … Continue reading →

A Commentary on Recent Legal Developments by the Canadian Appeals MonitorBy Kate Findlay Following our last post, the Supreme Court has released its decision in Strickland v. Canada (Attorney General), 2015 SCC 37. The Court’s decision…

More Than One Way To Skin A Privacy Breach: The Ontario Court of Appeal ‘s Decision in Hopkins v. Kay

By Justin Nasseri Background
Earlier this year, the Ontario Court of Appeal released its decision in Hopkins v. Kay, 2015 ONCA 112, in which it held that the mere existence of a legislative scheme to address privacy-related breaches of…

Liability for Opinions: Omnicare’s Lessons for Canadian Securities Lawyer

By Mira Novek When might a wrong opinion give rise to prospectus misrepresentation? The U.S. Supreme Court recently addressed this question in its much-anticipated decision in Omnicare, Inc. v. Laborers District Council Construction Industry…

My spouse is in the hospital after a serious car accident: What should I do now??? (Ontario)

Here’s a call NOBODY likes to get: “This is the Social Worker from your local hospital. Your spouse has been involved in a serious car accident. They’re here in the Critical Care Unit. Their condition is stable, but you…

Sometimes, the Toronto Injury Lawyer Blog examines recent cases that we think our readership will enjoy. We do our best not to make the legal analysis too technical, because that just turns in to a snooze fest. We want to keep things light,…

When injured accident victims think about damages, they often think of those valuations in very linear terms; as if they’re on a straight line. Broken knee? $100,000 plus $150,000 loss of income = $250,000 Fractured wrist? $50,000 plus…

Michael Geist's Blog

As the negotiations on the Trans Pacific Partnership continue in Hawaii, the Electronic Frontier Foundation has published a guest post I wrote on the implications of copyright term extension for Canada. The EFF has also launched a campaign…

Mapping Out the CRTC Blueprint for Universal, Affordable Internet Acce

In the wake of nearly two decades of study, debate, task forces, and government programs, Canada's telecommunications regulator has begun to unveil its blueprint for ensuring that all Canadians have access to affordable, high-speed Internet…

Mapping Out the CRTC Blueprint for Universal, Affordable Internet Acce

Appeared in the Toronto Star on July 25, 2015 as CRTC Looks to the Future With Ruling on High-Speed Internet Access In the wake of nearly two decades of study, debate, task forces, and government programs, Canada’s telecommunications…

Ontario Family Law Blog

Are you struggling to communicate with your ex about parenting issues?

By Toni Nieuwhof
It is common for parents to experience difficulties communicating with the other parent about their children, post-separation. Inflamed emotions, shock, denial and grief over the separation may be interfering with your…

By Thea Cameron.
Planning a trip across the Canadian border with the kids this summer without the other parent? You need a notarized travel consent!
If you are separated, trips without the other parent are the new normal. There is…

In this second instalment of our close examination of the proposed new Condominium Management Standards Act, 2015, we look at the steps taken by the condo managers themselves to improve standards, forming the genesis of a true self-regulated…

Condo manager licensing and regulation is the focus of our first in-depth examination of the changes proposed in Bill 106 (Protecting Condominium Owners Act, 2015). This is a natural choice considering that manager licensing and regulation…

The Province of Ontario has rolled out proposed new legislation to reform the existing Condominium Act, 1998 and establish mandatory licensing and regulation of condo managers. Following a careful review and elaborate public consultation…

This year, the 3rd annual HSE conference on mining safety was held on June 17-18, 2015, in Toronto, Canada, hosted by Marcus Evans (Link to conference and agenda). The organization was kind enough to provide Nimonik with an admission Press…

This is a guest post by our Affiliate, EEM inc. Become a Nimonik Affiliate. Nearly 20 years after it was first published, ISO 14001 has become the world’s most widely recognized environmental standard. A new version of the standard will…

Canada’s recent regulatory changes for hazardous materials may impact you. Learn about the Globally Harmonized System of Classification and Labelling of Chemicals (GHS) in our free 2-part webinar series starting this Thursday, July 16.…

Canadian Privacy Law Blog

Privacy breach class action certified against Government of Canada for medical marijuana breach

In a decision issued on July 27, 2015 but not yet published (but available here as a PDF), the Federal Court of Canada has certified a class action against the Government of Canada for disclosing the personal health information of…

The Supreme Court of Canada has granted leave to appeal from the Ontario Court of Appeal decision in Royal Bank of Canada v. Trang, 2014 ONCA 883. This is and will be an important decision about how to deal with certain provisions of the…

Court of Appeal finds negligence and breach of confidence claims should go forward in privacy class action against the Federal Government

The Federal Court of Appeal in Condon v Canada, 2015 FCA 159 (not yet available online), has reversed a lower court decision to not certify claims of negligence and breach of confidence in the class action lawsuit that followed the Federal…

Applying Law to Your Employment Matter It is not uncommon for an employee to be unsure of which law applies to their employment matter. Specifically, where the place of residence is not the same as the location of their employer. Picture an…

QUESTION An employee’s entitlement to severance is to say the least, at the discretion of the employer. But this is not a point blank answer, as there are many factors that play into effect. Where an employee is terminated and not…

Termination Due to Off-Duty Conduct The vulgar, off-duty conduct of Hydro One employee, Shawn Simoes, has brought concern for many employees. After all, it’s not often that an employee is terminated by their employer for their actions…

Readers will notice that I've added a new item to this blog's homepage. It's a link to a site on which executors and estate administrators can publish Notices to Creditors and Claimants online, rather than in a newspaper. Click here to go to…

BC case shows what it takes to deal with title when kids have been added as joint to parents' property

There is a new case from the BC Supreme Court that sheds some light on a topic that is of consistent interest to the readers of this blog. I'm going to give a summary of the case here, but anyone who'd like to read the full case of The Estate…

Recently the Globe and Mail carried an article by Tim Cestnick that discusses the options available for transferring your cabin or cottage to your family after you have passed away. Click here to read the article. I like the article because…

Law Library Blog

LAW LIBRARY level 3: LC1059 .I58 2015 British Columbia, Office of the Ombudsperson, In the Public Interest: Protecting Students Through Effective Oversight of Private Career Training Institutions (Victoria, B.C. : Office of the Ombudsperson,…

Rogers Communications loses cell tower lease over move to sub-lease space to a third party

A Nova Scotia forestry company leased land to Rogers Communications for a cell tower. The original 1988 lease was renewed several times and provided that renewals would be "upon the same terms and conditions" as the original lease.…

The Alberta Court of Queen's Bench recently dismissed an application for judicial review of a decision by the appeal committee related to Alberta's crop insurance program. The regulations that govern crop insurance provide that the…

The following summary of a recent decision of the Agriculture, Food and Rural Affairs Appeal Tribunal says it all:"This Drainage Act appeal was unusual. Firstly, the quality of construction of the drainage works was challenged in…

by Christian Paquette Did an employer discriminate against a single mother when it required her to work the regular shift rotation job she’d applied for? An Alberta court was recently asked to rule whether an arbitrator was right in…

Do you suspect your employees are sleeping at work? Quebec arbitrator holds you have the right to film them

by Karine Fournier In Quebec, in Unifor Québec et Moulage sous pression AMT inc., a grievance arbitrator confirmed that the employer had the right to temporarily film certain areas of the workplace when there had been several reports…

by Stephanie Gutierrez An addiction to drugs and/or alcohol is considered a disability in Canada. As such, employers in Canada often enter into last chance agreements with employees suffering from a drug or alcohol addiction. But does a last…

Rule of Law

Kimberly Wallis gave me a copy of a grant of probate from the United Kingdom dated October 28th, 1914. The process for obtaining a grant of probate appears to have been very efficient in those days, as the deceased had died just 23 days…

Amendments to Probate Rules Include Provision for Substitution of Personal Representative on Death

As I wrote acouple of weeks ago, the probate rules were amended effective July 1, 2015. Among the changes is a new provision dealing with the procedure for appointing a new personal representative (executor or administrator) when the…

The Canadian Center for Elder Law together with the Continuing Legal Education Society of British Columbia are presenting a two day conference: The Journey of Aging – the Law and Beyond. The conference will be held on Thursday and…

Excess Copyright

Access Copyright Gets its Wish for a Post-Secondary Tariff Hearing at the Copyright Board

http://accesscopyright.ca/media/bulletins/impacts-of-the-education-sector%E2%80%99s-interpretation-of-fair-dealing/Access Copyright (“AC”) is finally getting what it wishes for, which is a consolidated hearing at the Copyright…

Copyright Conference at U of T on October 2, 2015 – Will Include One Hour Presentation by the Honourable Ian Binnie

This looks like it will be a very interesting and potentially very important copyright conference at U of T on October 2, 2015.The star of the event will no doubt be the Honourable Ian Binnie,C.C., Q.C, a retired Supreme Court of Canada…

Access Copyright’s Post-Secondary Tariff – The Glacier is Starting to Melt at the Copyright Board

Here is a recent Notice from the Copyright Board concerning the Access Copyright (“AC”) proposal for post-secondary tariffs. This Notice has not yet been posted on the Board’s website, although it was issued at 11:40 AM…

Adding to this site’s archived ICBC cases assessing damages for pelvic injuries, reasons for judgement were released today by the BC Supreme Court, Vancouver Registry assessing damages for a pelvic fracture. In today’s case…

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, addressing damages for a permanent low back nerve injury with accompanying depression. In today’s case (Bellaisac v. Mara) the Plaintiff, who was…

Out of Province Insurers Have No Subrogation Rights Over Part 7 Benefits Paid

Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, shutting down an attempt by the Progressive Max Insurance Company from exercising subrogation rights with respect to Part 7 benefits paid. In today’s…

Barbeau, Evans & Goldstein Law Blog

Will Prime Minister, Stephen Harper, announce today the abolition of the Senate, for a reformed, elected red chamber, that will be politically responsive.
The post Status of the Canadian Senate appeared first on Barbeau, Evans &…

The new double tax agreement between New Zealand and Canada is set to facilitate investment and trade between the two nations
The post New Canada-New Zealand Double Tax Treaty – Good For Investors appeared first on Barbeau, Evans &…

The British Colombia Society Act, which dates back to 1977 and not being substantially revised since then, is undergoing a comprehensive overhaul, following the bill receiving Royal ascend on May 14th, 2015.
The post B.C. Society Act Revamp…

Doorey's Law of Work Blog

Merril Hoge Steelers Jersey Martavis Bryant Jersey Misleading, fabricated or sensationalist headlines are subject to removalThe Teague Era finally came to an end Dec But Toyota said it is not aware of any accidents or injuries caused by this…

Jason McCourty Titans Jersey Jurrell Casey Jersey As with public school students, veterans enrolled at private universities have access to funds from various GI Bill programs, depending on the length of service, dates served and other…

Authentic Justin Gilbert Jersey Authentic Isaiah Crowell Jersey They should be clear so they aren’t confused with trash and thrown away Depending on your schedule and goals, you may opt for low intensity workouts five or six times per…

Helped by thousands of Twitter and blog commentaries, the so-called Brazilian Internet Constitution Act (“Marco Civil”) was created in 2014. This law is one of the first internet regulations in the world, and for this ...…

When Google began to attract attention to their search engine in 1998, no one knew how far the technology company would go. Following their breakthrough in the internet domain, they continued their success by ...
The post A Study in Google…

In recent days, Internet.org India has received an immense amount of criticism for offering services that are “incompatible with net neutrality” – a concept that all web services should be equally accessible. The…

Lambert and Williams Law Blog

There’s a bride-to-be who was less than 6 weeks away from what was supposed to be her wedding day. This time was supposed to be the start of a new life together – filled with planning and anticipation. This time was…

Many people find that medical marijuana provides relief where other options have failed. However, until yesterday, June 11, 2015 – medical marijuana users in Canada could only legally consume their marihuana by smoking it. Many faced a…

For the first time in B.C. history, the government has charged an employer with criminal negligence causing the death of an employee. Although the facts of the case do not involve the death of a mariner, this article should be of…

Earning Earn-outs: new decision affirms the dangers of not negotiating objective measures and standards in earn-out provision

By Shane C. D'Souza and David Badour
Earn-out provisions are intended to provide a “win-win” scenario for buyers and sellers to maximize their post-closing returns. However, they can also lead to post-closing controversy and…

Doing Business in Canada: Read the latest updates to our popular guide

By McCarthy Tétrault LLP
McCarthy Tétrault’s Doing Business in Canada is an indispensable reference tool for lawyers and business persons regarding the legal aspects of establishing or acquiring a business in Canada. The…

Clean Teams: a way to keep your options open in M&A transactions
By Patrick Boucher and Fraser Bourne
In the context of M&A transactions, the use of “clean rooms” (i.e., data rooms containing commercially sensitive…

Indemnity Clause and Limitation of Liability in Business Acquisition Transaction

After an agreement to purchase shares or assets of a business has been reached in principle, the purchaser and seller will negotiate a definitive agreement to document the transaction (“PSA”). While there are a number of…

Surface rights have been a topic of increasing importance in Manitoba over the last several years. While much of this can be attributed to increased oil and gas activity, this does not tell the entire story. Previous oil booms did not create…